The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-07-14
THE NES-JpANSTOXE NI'K-
DER CASE COSTixTED
Judge Presley Thinks it vould be Improper fer
Hin to Try the Case, and Gives His
Reasons.

During the morning session OF th
court on Tuesday Judge Presley an
nounced that all parties interested il
the Jones-Johnstone case should be il
the court promptly at three o'clock t.
determine il he should try the case. a,
) o'clock the court room was crowded.
erincing the interest manifested in this
cause. We give below the remarks OF
the Judge and the attorneys interested
in this case. Solicitor Duncan repre-
sents the State and Y. J. Pope, O. /.
Schumpert and J, y. Culbreath repre-
sent the defendant.
Judge Presley said: st is very well
known that it will be to NE a very un-
pleasant matter to try the case pending
before the court. II that were all I
would not shrink from the duty; but my
circumstances are such that I really
doubt whether I am not within the con-
stitutional di$abilities-at all events. 50
nearly so as to make II entirely improper
for Inc, in my opinion, to try the case.
10 begin with, the father Of the deceased
and came to the bar together nearly
fifty years ago and our relations from
that time until now have been of the
most Intimate character. My relations
to his family have been also of the same
intimate nature. So then, it would be
utterly idle for me to pretend that do
not feel the deepest sympathy with him
and with his noble wife.
On the other side some OF the dcfen-
dant's family have been the friends OF
my life-of my whole life. His uncle
and other relatives, three several times,
became the chief sureties on my bonds
for $780,, 900 each when I was assistant
United States Treasurer. About that
time there was an inter-marriage in the
family, and his other and near relatives
are also my relatives, and that feeling
OF relationship has always been recog-
nized. feel that he recognized it
when l was first candidate for iulce.
We had not seen each other for years
before that. l had not seen him, and he
had not seen me; and yet ne supported
me most warmly and have no reason
to believe that he did it for any other
reason than that he recognized the fam
lily relationship between us. At the
second term he nominated me and made
very fattering speech in my favor.
10 be sure, we had become acquainted
then, but am confident that in the first
regard it was family relationship that
caused him to give HE his support. The
members OF his family in Charleston are
very near relatives to me, and though I
ain not within the letter OF the constitu-
tional prohibition, lam satisfied that nv
feelings are such as to bring me within
its spirit.
l therefore thiuk it improper for me to
try this case, but, as l do not desire to
be the sole Judge in the matter 1 am
now ready to hear what either side may
lave to say Oh the subject.''
Col. :. j. Pope, senior counsel for the
defense, rose, and in an impressive man
ner said that 10 member CT the bar could
have sat and listened and remained in
sensible to the utteranceS of the Court,
He felt satisfied that there was not even
member of the community who could
have been insensible to the utterances
that have so dignified the bench today,
and he would state that there was not a
member Of the bar or of the community
who did not feel that the court was not
IN the slightest degree disqualified from
hearing the case and holding the scales
OF Justice impartially. He said that it
was al occasion OF great solemnity to tie
whole community and that the issue was
one which the people were anxious
should be met at the first moment, for
it was disorganizing the business OF the
community and delaying the business of
the court. Although there might be
feeling of sympathy in his Honor's heart
for the misfortunes OF the families Of the
deceased and of the accused, yet he did
not think that that sympathy was of such
anature as would disturb the equilibrium
OF the mind of the Court. Right would
conquer all difficulties; he appeared on
the part OF the defend dant as his lifelong
friend, and from his desire to promote
the interests OF the county he must
earnestly ask the Court to sit and dis
pose OF the case, because eventually it
must be disposed Of. Justice must be
done to the defendant and sooner the
justice was done the better. in conclu=
sion he said: Il implore your Honor to
sit here and dispose of this business at
this term Of the COURT
The Court: 'The question with me
simply is, that of the propriety Or impro-
Driety in doing so in view OF the Con-
stitution.''
Mr.. Pope: II cannot see from the
law in the case that your Honor will bc
debarred. There is not that near re-
.ationship which is so specifically referred
to, and which would imply an impro-
priety."
The Court: LET the Solicitor in what
he shall have to say: apply himself to
the question OF the ilnpropriety Of the
matter and to the danger to which
would subject my own reputation"
Solicitor Duncan: ''Section OF Article
4 OF the Constitution provides that mo
Judge shall preside on the trial of any
cause in the event OF which he may be
Interested, or where either Of the par
ties shall be connected with him hv af